Narrative Opinion Summary
In this case, the applicant is subjected to a series of probationary conditions to maintain eligibility for practicing law in Florida. Central to the probation terms is the abstention from alcohol and controlled substances, unless prescribed and approved by Florida Lawyers Assistance, Inc. (FLA). The applicant is also mandated to participate in FLA programs and attend Alcoholics/Narcotics Anonymous meetings regularly. Compliance with these conditions is monitored by The Florida Bar, necessitating the submission of quarterly compliance reports. The applicant must remain a resident of Florida during the probation period, with any extended absences or relocation requiring prior approval from The Florida Bar. Failure to adhere to these conditions may result in disciplinary actions, including the potential for disbarment. The probationary period can be extended by mutual agreement or court decision, with the applicant acknowledging the need for a documented sobriety period before unconditional admission. The applicant consents to the release of pertinent documents to ensure compliance with these conditions.
Legal Issues Addressed
Consequences of Non-compliancesubscribe to see similar legal issues
Application: Failure to comply with probation conditions may result in disciplinary actions, including disbarment.
Reasoning: Failure to meet probation conditions or a finding of probable cause by The Florida Bar may lead to termination of probation and possible disciplinary actions, including disbarment.
Drug and Alcohol Testingsubscribe to see similar legal issues
Application: The applicant is subject to random urine drug/alcohol tests and must bear the costs.
Reasoning: The applicant must undergo and finance a minimum of eight random urine drug/alcohol tests annually, along with any other necessary screenings as determined by FLA.
Participation in Rehabilitation Programssubscribe to see similar legal issues
Application: The applicant must participate in FLA programs and attend AA/NA meetings as part of probation conditions.
Reasoning: The applicant must actively participate in the FLA program, comply with the rehabilitation contract dated April 16, 2018, and extend this contract if necessary. The applicant is also mandated to attend weekly Alcoholics/Narcotics Anonymous (AA/NA) meetings and practice AA/NA principles in their affairs.
Probation Extensionssubscribe to see similar legal issues
Application: Probation may be extended by agreement or court decision.
Reasoning: The applicant and The Florida Bar may agree to extend the probation period, or the Bar may petition the Court for an extension, which will be decided by the Court.
Reporting Obligationssubscribe to see similar legal issues
Application: The applicant must report any legal issues to The Florida Bar.
Reasoning: The applicant must notify The Florida Bar of any arrests, prosecutions, or grievances related to their legal practice.
Residency and Relocation Conditionssubscribe to see similar legal issues
Application: The applicant must reside in Florida and notify The Florida Bar for trips or relocation.
Reasoning: The applicant must reside in Florida throughout the probation. Any trips outside Florida exceeding ten days require prior approval from The Florida Bar.
Sobriety Requirement for Admissionsubscribe to see similar legal issues
Application: Documented sobriety is necessary before unconditional admission to The Florida Bar.
Reasoning: The applicant acknowledges the necessity of establishing a documented sobriety period prior to unconditional admission to The Florida Bar.
Substance Abstinence Requirementsubscribe to see similar legal issues
Application: The applicant must abstain from alcohol and controlled substances unless prescribed and approved by FLA.
Reasoning: The applicant is required to abstain from alcohol and controlled substances, unless prescribed by a licensed physician and approved by Florida Lawyers Assistance, Inc. (FLA).
Support and Monitoring Conditionssubscribe to see similar legal issues
Application: Regular attendance at attorney support meetings and submission of compliance reports to The Florida Bar are required.
Reasoning: Attendance at attorney support meetings is required at least monthly or more frequently if requested by FLA.